Appellate practice - hypotheticals

April 16, 2007

Counsel for an unrelated party is requesting publication of an unpublished Court of Appeal opinion. We would not like this opinion published. Any ideas on how to oppose publication?

This was my response:

You should file a letter in response to their publication request explaining why the opinion does NOT meet the standards for publication as set forth in the Rules of Court. It's also possible to ask other people to do the same, but that's a two-edged sword because if a lot of non-parties do so that suggests a high level of general interest in the decision.